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Accessory Apartment Zoning Regulations

The document summarizes existing and proposed zoning regulations for accessory apartments in Montgomery County, Maryland. The existing regulations define accessory apartments and have size restrictions of less than 1,200 square feet for attached units and less than 2,500 square feet for detached units. The proposed regulations would define accessory apartments as subordinate dwelling units with a separate entrance in a detached house. Size restrictions would be categorized as small (less than 800 square feet) or large (801-1,200 square feet) for both attached and detached units. The proposed regulations also include lot size requirements, limited use zones, and standards for special exception and conditional use approval.

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6 views2 pages

Accessory Apartment Zoning Regulations

The document summarizes existing and proposed zoning regulations for accessory apartments in Montgomery County, Maryland. The existing regulations define accessory apartments and have size restrictions of less than 1,200 square feet for attached units and less than 2,500 square feet for detached units. The proposed regulations would define accessory apartments as subordinate dwelling units with a separate entrance in a detached house. Size restrictions would be categorized as small (less than 800 square feet) or large (801-1,200 square feet) for both attached and detached units. The proposed regulations also include lot size requirements, limited use zones, and standards for special exception and conditional use approval.

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Planning Docs
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© Attribution Non-Commercial (BY-NC)
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Accessory Apartments

Existing Zoning
Definition of Accessory Apartment: A second dwelling unit that is part of an existing one-family detached dwelling, or is located in a separate existing accessory structure on the same lot as the main dwelling, with provision within the accessory apartment for cooking, eating, sanitation, and sleeping. Such a dwelling unit is subordinate to the main dwelling. Size restriction: Attached < 1,200sf Detached < 2,500sf

Proposed Draft (denotes change from existing code)


Definition of Accessory Apartment: A second dwelling unit in a detached house building type must be subordinate to the principal dwelling and requires a separate entrance.

Size restriction: Attached: small (< 800sf), large (801 - 1,200sf) Detached: small (< 800sf), large (801 - 1,200sf)

Lot size requirements: Lot size requirements: Attached accessory apt - on a lot of one Minimum lot size required in the zone acre or less apartment must have one party wall in common. Detached accessory apt - on a lot of more than 1 acre created through conversion of separate accessory structure existing on lot prior to 12/2/1983. Or, detached accessory apartment in an accessory structure built after 12/2/1983 requires 2 acres and will house either a care-giver or relative. N/A (no Limited uses in existing code) Limited Use in the following zones: Attached, small: All zones except industrial, (in a detached house) Attached, large: RE-2, RE-1, RLD-20, RHD-3, RHD-2, RHD-1, CRN, CRT, CR, EG, ELS, EOF Detached, small and large: RE-2, RE-1, RLD-20, RHD-3, RHD-2, RHD-1, CRN, CRT, CR, EG, ELS, EOF Special Exception use in the following zones: Conditional Use in the following zones: Attached and Detached: Attached, large: Rural, RC, LRDC, RDT, RNC, RNC/TDR, AC, RR, RC, RNC, RMD-9, RMD-6, TLD, TMD, THD RE-2,RE-2C, RE-1, R-200, R-150, R-90, Detached, small and large: R-60, RMH200 AC, RR, RC, RNC, RMD-9, RMD-6, TLD, TMD, THD

Standards for Special Exception approval: 1. Principal dwelling unit must be detached house 2. Only one accessory apartment per lot; must be subordinate to principal dwelling 3. Owner of lot must occupy either principal dwelling or apartment 4. Must not be located on a lot occupied by a family of unrelated persons 5. Must have separate entrance to preserve appearance of the building type 6. Apartment must have same address as principal dwelling 7. 2 parking spaces required unless Board finds that there is adequate on-street parking 8. Principal dwelling must be at least 5 years old 9. No excessive concentration

Standards for Limited use approval: 1. Principal dwelling unit must be detached house 2. Only one accessory apartment per lot; must be subordinate to principal dwelling 3. Owner of lot must occupy either principal dwelling or apartment 4. Occupancy limited to maximum of 3, Small Occupancy limited to maximum of 5, Large 5. Separate entrance must not be located along the front building line 6. Apartment must have same address as principal dwelling 7. 1 parking space required 8. N/A 9. Spacing requirement: In the RMD-9, RMD-6, TLD, TMD, THD, RHD3, RHD-2, RHD-1 zones an accessory apartment must not be located: 1) within 300 feet of another accessory apartment measured in a straight line from side property line to side property line along the same block face; and 2) on a lot abutting the rear lot line of any property with an accessory apartment In the RE-2, RE-1, and RLD-20 zones an accessory apartment must not be located 1) within 500 feet of another accessory apartment measured in a straight line from side property line to side property line along the same block face; and 2) on a lot abutting the rear lot line of any property with an accessory apartment 10. N/A 11. N/A (see standards for Conditional use approval) Standards for Conditional use approval: 1. All Limited use standards 2. General Conditional use standards

10. External modifications must be compatible with main house and surrounding property 11. General Special Exceptions standards

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